Overtime Not Being Paid HELP!!!

Published

I am in need of some advice from all of you......I was terminated from a LTC Facility well over a year ago....For not having enough PTO for being sick. I lacked 2.6 hours of PTO time. I posted about this quite the while ago....Here is the question. When I was the Charge Nurse on Day-Shift I would come in anywhere from a half-hour to 45 minutes to prepare for shift report. I would punch the time clock, but I never got paid for it. In our employee hand-book there are no rules abouit punching in.

So, getting up to speed here....a friend of mine who is also one of the Charge Nurse's at the place I was terminated from, filed a complaint with the Labor Board for our State....after my friend quit this place...this friend just found out from the Labor Board that this wonderful place has to pay for overtime that was not paid.

I have many numerous friends that are RN's that are afraid to say something about not being paid this overtime. Since my friend contacted the Labor Board, a special addendum was handed out to all the Nurse's. This addendum states that an employee can only punch in 7 minutes prior to the start of the shift, but the RN's that are going to be the Charge Nurse were told to come in early and perform their work, but punch in after they have been there...ARGH They all will be doing their work, but off the clock, now....

The Labor Board will do nothing: only with individuals complaining, but all of my nursing friends are afraid to contact the Labor Board for fear of losing their jobs.

Is there anyplace I can contact? I am owed hundreds and hundred of dollars from this LTC Facility, but the timeframe does not allow me to collect what is owed to me.

Any ideas for my RN friends?

Up Vote Up Vote ×
Specializes in Gerontology, Med surg, Home Health.

You cannot be asked to come in and work off the clock...it's illegal and unethical. Is there a legal aid group where you live?

Up Vote Up Vote ×
Specializes in Tele/ICU/MedSurg/Peds/SubAcute/LTC/Alz.

Why would they fire you? That would be another legal issue that the Labor Board would need to hear about. They can't fire you for reporting their illegal practices to the state.

Up Vote Up Vote ×

At two LTC facilities that I worked at we were required to clock in and out at the right time, irrespective of how early, late, or otherwise. Yes, I know it is illegal. We all knew that. As far as your complaint, if you have been told by the labor board that you can not be compensated because more than a year has gone by then make the complaint in writing and get your request denied in writing. You may have been told something over the phone just to get you off the phone. As far as the other nurses being afraid for their jobs, well, they are practicing the same job keeping skills that all of us who have ever been cheated at a workplace practice. What you will fight and what you won't fight are up to you. To be quite frank, I am owed money by my previous employer also, but I choose not to go to the labor board because to me, the trouble of making the complaint is not worth the aggravation. I have bigger problems to deal with when I try to get a job with someone else. You would do well to let go of that place and put your energy toward your future. Good luck.

Up Vote Up Vote ×
At two LTC facilities that I worked at we were required to clock in and out at the right time, irrespective of how early, late, or otherwise. Yes, I know it is illegal. We all knew that. As far as your complaint, if you have been told by the labor board that you can not be compensated because more than a year has gone by then make the complaint in writing and get your request denied in writing. You may have been told something over the phone just to get you off the phone. As far as the other nurses being afraid for their jobs, well, they are practicing the same job keeping skills that all of us who have ever been cheated at a workplace practice. What you will fight and what you won't fight are up to you. To be quite frank, I am owed money by my previous employer also, but I choose not to go to the labor board because to me, the trouble of making the complaint is not worth the aggravation. I have bigger problems to deal with when I try to get a job with someone else. You would do well to let go of that place and put your energy toward your future. Good luck.

The latter part of your post is precisely why Nurses in LTC have no respect....Instead of trying to be a solution to a problem, you walk away....put your blind folds on and ignore the problem.....With your belief system you are not helping your fellow Nurses.....

You should have filed a complaint with the Labor Board. By not doing so....you are allowing fellow nusres in your footsteps that took your place to be abused by that Nursing Home...

When are we as Nurses going to be fighting for the bigger cause, and not fighting against each other?????

Up Vote Up Vote ×
You cannot be asked to come in and work off the clock...it's illegal and unethical. Is there a legal aid group where you live?

I second this...if some idiot at the facility put that in writing, that alone will get them in hot water with the Labor Board.

Up Vote Up Vote ×

What makes you think that I have never gone to the Labor Board or fought a workplace injustice? Not everybody gives a blow by blow rundown of their entire work life on each and every post on this bulletin board. I choose my battles and when, where, why, and how much I talk about them. BTW I noticed that you had more than a year to act on your case but chose to do nothing.

Up Vote Up Vote ×
What makes you think that I have never gone to the Labor Board or fought a workplace injustice? Not everybody gives a blow by blow rundown of their entire work life on each and every post on this bulletin board. I choose my battles and when, where, why, and how much I talk about them. BTW I noticed that you had more than a year to act on your case but chose to do nothing.

Look I do not want to argue with you.....I believe my post was misunderstood.... I am looking for assistance in whom to contact regarding the continual breaking of the law by my ex-employer.....I have friends that work there that are afraid of repercussions for filing for what is rightfully their's. If you work without a Union, and you work in a State that is considered, "AT Will," then you can be fired for no cause. Your employer can fire you for no reason. So, thus the apprehension of my friends for filing a complaint with the Labor Board....This just does not seem right.

Surely there has to be somebody out there that can contact this facility and tell them or fine them for breaking the law. As we all know the Labor Board is a State Agency. If a Nursing home is in violation of the law during State inspections then that entire department whether it is pharmacy, nursing, dietary, etc....then the entire facility is penalized.

I just am looking for answers as to who to contact when the entire nursing staff is expected to work without pay for overtime. Yes, individuals can complain to the Labor Board; but is there not someplace that someone can complain that this facility has been practicing these unscrupulous and unlawful practices, and the Facility would be penalized for their behavior? Just like if they were found by the State Nursing Home Inspectors to have broken the law?

Any Nurse Advocate groups perhaps? Any other ideas? Congressman?

Up Vote Up Vote ×

Labor Relations..........it's free and most employers fear the name

Up Vote Up Vote ×
+ Join the Discussion